Salcedo v. State

In Salcedo v. State, 258 Ga. 870, 870- 71 (376 S.E.2d 360) (1989) the defendant was tried for burglary based on allegations that he had entered the complainant's home early one morning, partially clothed, and held her down on her bed before she managed to escape. In a previous case, the defendant had been tried in Florida for sexual battery (comparable to rape in Georgia), burglary and criminal trespass. There, it had been alleged that he entered a woman's home one morning and raped her. The defendant asserted the intercourse was consensual, and he was acquitted of rape and burglary and convicted only of criminal trespass. The Supreme Court of Georgia held that evidence of the prior transaction could not be admitted in the trial of the subsequent transaction because the issue of forcible intercourse had been resolved in the defendant's favor in the first trial. Id. at 871.